International Convention for the Protection of All Persons from Enforced Disappearance
The International Convention for the Protection of All Persons from Enforced Disappearance is an international human rights instrument of the United Nations and intended to prevent forced disappearance. The text was adopted by the United Nations General Assembly on 20 December 2006 and opened for signature on 6 February 2007. So far, 57 states have signed [1]. It will come into force when ratified by 20 states-parties.
Summary
The convention is modelled heavily on the United Nations Convention Against Torture.
"Enforced disappearance" is defined in Article 2 of the Convention as
- the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.
Article 1 of the Convention further states that
- No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.
The widespread or systematic use of enforced disappearance is further defined as a crime against humanity in Article 6.
Parties to the convention undertake to:
- investigate acts of enforced disappearance and bring those responsible to justice;
- ensure that enforced disappearance constitutes an offence under its criminal law;
- establish jurisdiction over the offence of enforced disappearance when the alleged offender is within its territory, even if they are not a citizen or resident;
- cooperate with other states in ensuring that offenders are prosecuted or extradited, and to assist the victims of enforced disappearance or locate and return their remains;
- respect minimum legal standards around the deprivation of liberty, including the right for imprisonment to be challenged before the courts;
- establish a register of those currently imprisoned, and allow it to be inspected by relatives and counsel;
- ensure that victims of enforced disappearance or those directly affected by it have a right to obtain reparationand compensation.
The Convention will be governed by a Committee on Enforced Disappearances elected by its parties. Parties are obliged to report to this committee on the steps they have taken to implement it within two years of becoming subject to it.
The Convention includes an optional complaints system whereby citizens of parties may appeal to the Committee for assistance in locating a disappeared person. Parties may join this system at any time, but may only opt out of it upon signature.
Signatories
The Convention attracted 57 signatures when opened for signature in Paris. Controversially, the United States refused to sign, saying that "did not meet our expectations" [2]. A number of European countries also refused to become parties. These included the United Kingdom, Spain, Italy, Germany, and the Netherlands [3]. The initial signatories were France, Albania, Algeria, Argentina, Austria, Brazil, Burkina Faso, Burundi, Congo, Croatia, Ghana, Guatemala, Haiti, Japan, Lithuania, Maldives, Moldavia, Morocco, Uganda, Senegal, Serbia, Sierra Leone, Macedonia, Chad, Tunisia, Vanuatu, Belgium, Bolivia, Bosnia Herzegovina, Cameroon, Cap Verde, Chilli, Comoros, Costa Rica, Cuba, Cyprus, Finland, Grenada, Honduras, India, Kenya, Lebanon, Luxembourg, Madagascar, Malta, Mexico, Monaco, Mongolia, Montenegro, Niger, Paraguay, Portugal, Samoa, Sweden, Uruguay, Mali, and Azerbaijan [4]
The Republic of Ireland signed the Convention on 29 march 2007. Armenia signed on 10 April 2007, Ecuador on 24 May 2007 and Italy on 3 July 2007. So far, no country has ratified the Convention.
The Convention will enter into force when ratified by 20 parties.